Relief for firm as HC says NCW doesn’t have court authority

Written By Unknown on Selasa, 12 Agustus 2014 | 22.23

MUMBAI: The Bombay high court on Wednesday ruled that the National Commission for Women (NCW) did not have unbridled power or authority as it functioned in a recommendatory capacity.

A division bench of Justice V M Kanade and Justice A K Menon gave the verdict on a petition by KPMG (India) Pvt Ltd to quash proceedings initiated by NCW last year in a 2007 sexual harassment complaint lodged by one of its former employees.

The complainant's services were terminated by the firm in less than a year in 2006. In April 2007, she complained of sexual harassment. According to the Vishakha norms, the MNC in May 2007, set up a panel to probe her complaint but she did not appear before it. She moved the state commission for women.

KPMG challenged the state commission's proceedings in the HC. But the woman urged the HC to direct the commission to complete the inquiry. Later, she withdrew her petition so that she could move the NCW and the HC dismissed KPMG's plea.

On September 13, 2013, the NCW summoned employees, current and former, for an inquiry and on October 26, 2013, NCW framed terms of reference, which KPMG challenged in the HC. The judges agreed with KPMG that the terms of reference were beyond NCW's purview. They said if the NCW observed any violation of women's rights, it could recommend measures to prevent a fait accompli to that complainant. "In the present case, the panel has no jurisdiction to determine whether there was an unfair dismissal or such dismissal caused loss of future career opportunity. The NCW can also not demand a letter of apology, direct payment of compensation, or grant relief..." the judges noted.

The judges said the NCW was empowered to look into women's issues and take them up with appropriate authorities. "The commission is not entitled to arrive at conclusions or grant reliefs that a civil or criminal court can," the court said. Allowing KPMG's petition, it said the complainant could proceed with her criminal complaints.

http://timesofindia.indiatimes.com/followceleb.cms?alias=NCW,National Commission for Women,KPMG,Bombay high court


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